Little-known traffic law surprises many motorists, leading to confusion and debate

As we navigate the roads of our beautiful country, it's essential to stay informed about the various traffic laws that keep us safe.

However, one little-known rule might catch many Australian drivers off guard, potentially leading to fines and demerit points.

It's a small detail that could significantly affect your driving record.


A Perth woman, Janelle McEvoy, recently highlighted this obscure road rule when she shared her experience with a random breath test on social media.

The police officer conducting the test advised her to remove the air freshener hanging from her rearview mirror to avoid a $100 fine and a demerit point.


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A little-known road rule highlighted by a Perth woman warns drivers can be fined and receive demerit points for having items hanging from their rearview mirrors. Credit: @janellemcevoy / TikTok


This warning left many drivers, including Janelle, surprised and questioning, 'Doesn't everyone have one hanging from their car? Where is it supposed to go?'

The conversation quickly spread online, with many commenters expressing shock and confusion.

Some drivers were unaware of the rule, while others acknowledged its existence but noted that it's rarely enforced.


The critical issue here is that anything hanging from the rearview mirror, be it an air freshener, fluffy dice, or even a parking pass, could be considered a distraction or an obstruction of view if it impairs the driver's ability to see the road.

While it's not illegal to have an item dangling from your rearview mirror, the law clearly states that a driver's view should not be obstructed.

In New South Wales, for example, the Department of Transport can issue a $349 fine and three demerit points for driving without a clear road view.

Victoria has similar rules, with a $288 fine and the possibility of a court penalty of up to $962 for significant obstructions.

In Queensland, drivers can face an on-the-spot fine of $361, while in Western Australia, where Ms McEvoy was stopped, the penalty is a $100 fine and one demerit point.


South Australia and Tasmania have fines of $215 and $195, respectively.

The Northern Territory categorises driving an unsafe motor vehicle with a $140 fine for an obstructed view.

Lastly, in the ACT, fines can vary, with the maximum amount reaching a hefty $3,200.

For those who still want their car to smell fresh without the risk, consider alternatives like vent clips or under-seat fresheners that won't interfere with your line of sight.

Janelle McEvoy followed up with a video showing her new vent-clip air freshener, a simple solution that complies with the law.
Key Takeaways
  • A Perth woman highlighted a little-known road rule warning that drivers can be fined and receive demerit points for having items, such as air fresheners, hanging from their rearview mirrors.
  • Fines and demerit points for this offence vary by state, with penalties increasing if the object is deemed a significant obstruction to the driver's view.
  • Authorities suggest that while having items hanging from the rearview mirror isn't technically illegal, it can warrant a fine if it obstructs the driver's view or distracts them.
  • Drivers are encouraged to consider alternative options, such as vent clips for air fresheners, to avoid potential fines and ensure a clear road view.
Have you ever received a fine for having an item hanging from your rearview mirror, and how did you feel about it? Feel free to share your thoughts and opinions in the comments below.
 

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So if you can't hang on the rear view mirror then why do they sell them?
there are a host of other versions of air fresheners for cars.....not all have to "hang' in your car. Why not carry a can of air freshener that you use inside your home under the front seat and give your car a spray before you start your car for example. :unsure: ;)
 
An air freshener that obscures less than 5% of your vision through the front windscreen? Get real!

How about a disability parking permit? A local council area parking permit? Workplace identification tags?

Want to know what obscures the road ahead more than anything mentioned above in terms of area? The rear vision mirror!
Most disability parking permits are put in low down in the corner of the windscreen out of the way as shoudl any permits etc
 
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A few years ago, I was pulled over into a line of traffic by the police in Perth, apparently they where training young new recruits. I was told buy the young cop to remove my GPS, from the dashboard!! After some discussion on where else to put it, the Sargent who was the training instructor, asked the young cop, where else can the driver put it?? The inexperienced young cop said up with the rear view mirror!! I was allowed to leave, with a long discussion left behind regarding my line of site between the two officers, so it starts from recruitment. In actual fact, you look up to the mirror, as it doesn't interfere with your line of sight!! So this statement if wrong, am I right??
You use peripheral vision to look at mirror or Sat Nav and that includes side mirrors
 
What about the latest Cleva Range product being heavily advertised. A digital screen to attach to the inside of your windscreen with all of the latest gizmoes. When you look at them per the advertisements, they'd certainly block your left side front vision for sure & certain. I reckon that any nincumpoop who has one installed will certainly cause a very serious accident through the drivers lack & blocked vision.
Haven't heard 'nincumpoop used for a while and l agree with you.
 
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Is this illegal? Does it obscure the driver's vision?

View attachment 60380

It definitely covers more area than a tiny air freshener!
If you adjust your seat so your head is near the roof lining, then it might be.

But for 99.9% of people it wouldn't.

Also it doesn't move about, so your eyes are not distracted by it.

Anything moving within the driver's line of sight of the road is not allowed, but an air freshener out of their line of sight is legal.
(See comments above about short people - though they can get booked for looking through their steering wheel)

As for GPS's and Taxi equipment, if positioned so that it won't be between the drivers eyes and other vehicles on the road, for example if the bonnet of your vehicle is behind it, then it's legal.
(Though some officious officers may argue that.)
 
even worse is when they hang crystals and the sun hits them and blinds me in the car driving next to them.
 
If you adjust your seat so your head is near the roof lining, then it might be.

But for 99.9% of people it wouldn't.

Also it doesn't move about, so your eyes are not distracted by it.

Anything moving within the driver's line of sight of the road is not allowed, but an air freshener out of their line of sight is legal.
(See comments above about short people - though they can get booked for looking through their steering wheel)

As for GPS's and Taxi equipment, if positioned so that it won't be between the drivers eyes and other vehicles on the road, for example if the bonnet of your vehicle is behind it, then it's legal.
(Though some officious officers may argue that.)
Try this distraction for size.

hud_ix_1_st.jpg

It is known as a "heads up display" available on late model vehicles. Much of a distraction or what? To focus on the display, your focus is taken away from the road. But it's all OK to look at your dash mounted GPS but not have an air freshener hanging from your rear vision mirror.

This image is from a BMW X1.

Want to know something? Western Australia is the only state where having something dangling from your rear vision mirror is a specific offence. All other states and territories vaguely stipulate that your vision must not be obscured while driving. Open to interpretation and abuse by police.
 
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Enforcement of all these dormant rules just inforces my belief that revenue raising is on a massive incline. Although the rule has been around since before I started driving, I have never heard of anyone being ticketed for it until about 6 months ago.
 
Correct. Anything that obscures vision. That's why we need to be careful of anything we install on our vehicles. I'm waiting for a lot of these "jacked up" 4WD to be taken to task. A lot of engineering and Australian Design Rules are possibly in breach.
The maximum you are allowed to "lift" a 4WD is 2 inches (50mm), I don't know what the rule regarding "Rock Crawlers" is, max exhaust diameter is 3 inches, my Navara is standard height with 2.5 inch exhaust which has improved the "breathing" of the diesel greatly for caravan towing.
 
This just highlights another thing drivers are not taught these days. These sorts of issues were pounded into us back in early 70s & texting was not multiple choice. I remember a few of my ethnic mates getting fined for having those large fluffy dice hanging from the rear view mirror on their purple valiants…🤭 Another rule was only the driver could enter or exit the vehicle on the right hand side everyone else was to use the left hand side…hence few car doors being opened into on coming traffic.
 
Try this distraction for size.

View attachment 60399

It is known as a "heads up display" available on late model vehicles. Much of a distraction or what? To focus on the display, your focus is taken away from the road. But it's all OK to look at your dash mounted GPS but not have an air freshener hanging from your rear vision mirror.

This image is from a BMW X1.

Want to know something? Western Australia is the only state where having something dangling from your rear vision mirror is a specific offence. All other states and territories vaguely stipulate that your vision must not be obscured while driving. Open to interpretation and abuse by police.
If you have good peripheral vision then it should not be a distraction, one's focus varies depending on traffic, heavy traffic you focus on the car in front of you, light traffic focus 3/4 cars ahead, no traffic focus anywhere you want depending on locality and not your phone.
At the station this morning, dropped my son off and a car pulled in next to us. Driver (she) sat in the car for almost ten minutes on her phone with engine running. Realizing the time she hurriedly got out her car and LOL missed her train.
 
Disability parking permits, parking permits and workplace permits to be displayed in the far bottom left hand corner of the windscreen not on rear vision mirrors
 
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This was my first thought when I saw a Mazda with the screen quite high near the windscreen. Crazy as
 
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The maximum you are allowed to "lift" a 4WD is 2 inches (50mm), I don't know what the rule regarding "Rock Crawlers" is, max exhaust diameter is 3 inches, my Navara is standard height with 2.5 inch exhaust which has improved the "breathing" of the diesel greatly for caravan towing.
Well if you comply, you have nothing to worry about. Remember, state laws have variances. Where I live vehicle's are being lifted to over 6" and the oversize "muddies" protrude well past the extremities of the vehicle. So no they don't comply. But glad you know your state laws. I've got engineers certified to increase my GVM. So not anti modification. This article has certainly livened a debate amongst the senior's community. Cheers
 
Disability parking permits, parking permits and workplace permits to be displayed in the far bottom left hand corner of the windscreen not on rear vision mirrors
Stuck them anywhere you like.

Workplace permits which require entry to a manned and gated facility in the huge majority of cases have them positioned on the top of the windscreen on the driver's side. This applies to military installations and companies that require extra security. The reason for this is the person operating the gate is located in a booth separating the entry and exit and needs to view the identification of the vehicle.
 

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